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DPA Agreement Template for Nigeria

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Key Requirements PROMPT example:

DPA Agreement

"I need a DPA Agreement for my Nigerian fintech company that will be outsourcing customer data processing to a cloud service provider in Ireland, with the agreement to commence from March 2025 and include specific provisions for financial data protection."

Document background
The Data Processing Agreement (DPA) is essential for organizations operating in Nigeria that engage third parties to process personal data on their behalf. This document is required under the Nigeria Data Protection Regulation (NDPR) 2019 whenever a data controller outsources data processing activities to a processor. The DPA Agreement must be in place before any data processing begins and should detail the scope of processing, security measures, confidentiality obligations, and compliance requirements. It serves as a crucial compliance tool, helping organizations meet their regulatory obligations while ensuring appropriate safeguards for personal data. The agreement is particularly important given Nigeria's increasing focus on data protection enforcement and the potential penalties for non-compliance with the NDPR.
Suggested Sections

1. Parties: Identification of the Data Controller and Data Processor, including their registered addresses and company details

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms used in the agreement, including those defined in the NDPR

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of personal data, and purposes of processing

5. Duration of Processing: Timeframe for the data processing activities and terms for agreement renewal

6. Obligations of the Data Controller: Responsibilities and duties of the controller including providing documented instructions

7. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and processing limitations

8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with NDPR rights

9. Security Measures: Technical and organizational measures required to protect personal data

10. Sub-processing: Conditions and requirements for engaging sub-processors

11. Data Breach Notification: Procedures and timeframes for reporting data breaches

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Cross-border Data Transfers: Rules and safeguards for international data transfers

14. Termination: Conditions for termination and data handling upon termination

15. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the processor, used when processing sensitive or high-risk data

2. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., financial services, healthcare), used when processing sector-regulated data

3. Data Protection Impact Assessment: Requirements for DPIAs, included when processing involves high-risk activities

4. Joint Controller Provisions: Additional terms when both parties act as joint controllers for certain processing activities

5. Local Representative: Requirements for appointing local representatives, used when parties are not based in Nigeria

6. Force Majeure: Provisions for handling unforeseen circumstances affecting data processing obligations

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers

5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters

7. Appendix B - Service Level Agreement: Performance metrics and service levels for data processing activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Manufacturing

Professional Services

Insurance

Real Estate

Retail

Energy

Transportation

Hospitality

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Procurement

Data Protection

Privacy

Information Governance

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Operations Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Chief Technology Officer

Chief Legal Officer

Privacy Manager

Information Governance Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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